Contemplating divorce is a complicated time for anyone, it is even more so if you obtained your green card based upon marriage to a U.S. citizen or permanent resident. If you are a conditional resident, you do not have to remain in a bad marriage to remove the conditions on your residence. However, you must show that you entered the marriage in good faith.
An allegation of bad faith in a divorce, especially one made under oath, can derail a conditional resident’s permanent residency. This can occur if a court makes a finding that the non-citizen spouse entered into the marriage in bad faith, or intentionally using the marriage as a tool to become a U.S. legal permanent resident. Unfortunately, a foreign national may be victimized by thier U.S. citizenship or permanent resident spouse. Don’t be victimized because of your legal status. Contact our office to speak with an attorney representing foreign nationals in divorce proceedings.
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